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north boundary will not commence until one year's worth of a minimum of quarterly sampling is <br />obtained and submitted to the Division so that the Division and the Operator are aware of the <br />necessary limits on mining depth to maintain this buffer. <br />3. Rule 6.4.8 Exhibit H -Wildlife Information <br />The following objectors raised the concern ofhow the operation may impact wildlife in the <br />area and how it may impact the fish and the fishing in the nearby Middle Fork of the South <br />Platte River. <br />Gregg Cassarini (who has lost party status) -The review of the application should be <br />conducted to ensure the long-term protection of wildlife. <br />Curt Sayer -potential impacts on wildlife, including fish, from noise. <br />Robert L. White -potential disturbance to wildlife <br />DBMS Response <br />The question raised by the above comments is related to Rules 3.18 and to 6.4.8(t)(b) & (c) of the <br />Construction Materials Rules and Regulations, which require the applicant to include a description of <br />the game and non-game resources on and in the vicinity of the application area including seasonal use <br />of the area and the presence and estimated population of threatened or endangered species from either <br />federal or state lists. <br />The applicant supplied the Division with wildlife information acquired from the Colorado Natural <br />Heritage Program. According to the data, no threatened or endangered species are known to occur at <br />the proposed site. As stated in the groundwater section of this document, the activity at the site should <br />have no impacts to the Middle Fork of the South Platte River. <br />Division Comment <br />The Division is satisfied, based on the data from the CNHP and on observations made at the site that <br />impacts to wildlife as a result of the proposed operation will be minimal. hl that there is no <br />documentation of threatened or endangered species at the site, the operation will pose not threat to <br />these species. In that the operation will not impact the river, the Division is satisfied that fishes will <br />not be negatively impacted by the operation. <br />4. Rule 6.4.13 Exhibit M -Other Permits and Licenses <br />• Curt Sayer expressed an interest in reviewing the archeological assessment to identify <br />whether there is any historical significance to the site. <br />DRMS Response <br />The question raised by the above comment is related to Rule 6.4.13 of the Construction Materials <br />Rules and Regulations, which requires that the applicant identify other permits that may be required <br />to perform operations at the site. As with any other permit application received by the Division, <br />other entities, including the Colorado Historical Society, were notified by the Division of the <br />